Florida Regulations 5G-7.003: Assessments; Collections
Current as of: 2024 | Check for updates
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The following applies to the Citrus Research, Peanut, and Tobacco Marketing Orders issued by the Department in accordance with Florida Statutes Chapter 573
(1) Assessments. After receiving the recommendations of the designated Advisory Council, the Department shall fix the rate of assessment on the volume of the commodity sold or some other equitable basis. Such assessment shall be collected by the handler at the first point of sale. Upon recommendation of the Advisory Council, the rate of assessment shall be adjusted if the Department determines that additional funds are required or suspended if the Department determines that additional funds are not required. Upon being fixed by the Department, the assessment rate shall be published in the Florida Administrative Register, a newspaper of general circulation in Florida, and in other industry-related publications.
(2) Collections. Any money collected by the first handler shall be remitted to the Department under the provisions of the Marketing Order and shall be used for the sole purpose of implementing the Marketing Order for which the assessment was collected. Any money collected pursuant to the Citrus Research Marketing Order shall be for the administration and funding of citrus research activities. The Citrus Research and Development Foundation, Inc., (Foundation) shall act as the Advisory Council for the Citrus Research Marketing Order in accordance with Florida Statutes § 573.112
Rulemaking Authority 573.118(2), 573.119 FS. Law Implemented 573.112, 573.118(2), 573.119 FS. History-New 6-4-95, Amended 11-9-11, Formerly 5H-2.003.
Terms Used In Florida Regulations 5G-7.003
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) Collections. Any money collected by the first handler shall be remitted to the Department under the provisions of the Marketing Order and shall be used for the sole purpose of implementing the Marketing Order for which the assessment was collected. Any money collected pursuant to the Citrus Research Marketing Order shall be for the administration and funding of citrus research activities. The Citrus Research and Development Foundation, Inc., (Foundation) shall act as the Advisory Council for the Citrus Research Marketing Order in accordance with Florida Statutes § 573.112
Rulemaking Authority 573.118(2), 573.119 FS. Law Implemented 573.112, 573.118(2), 573.119 FS. History-New 6-4-95, Amended 11-9-11, Formerly 5H-2.003.